Prohibition of In Vitro Fertilisation violates the right to privacy and family life, personal liberty and integrity, and to non-discrimination
Dissenting / Concurring: García-Sayán, Vio Grossi
Contents for term
Prohibition of In Vitro Fertilisation violates the right to privacy and family life, personal liberty and integrity, and to non-discrimination
Dissenting / Concurring: García-Sayán, Vio Grossi
Sterilisation without permission and the low amount of compensation - Violation of Article 8
Violation of Article 3 (treatment and investigation) and Article 8 - The case concerned three women of Roma origin who complained in particular that they had been sterilised without their full and informed consent, that the authorities’ ensuing investigation into their sterilisation had not been thorough, fair or effective and that their ethnic origin had played a decisive role in their sterilisation
Obstructive behaviour of local authorities in not returning embryos seized pursuant to investigation subsequently acknowledged by domestic court - No violation
The applicant claimed she suffered inhumane and degrading treatment, negative impacts on her private and family life, and discrimination based on sex and ethnic origin due to the lack of effective anti-discrimination laws in Slovakia at the time of her sterilization - The Court held that the applicant's rights under Article 3 were violated, and that the State's failure to provide sufficient legal protections for the reproductive health of Roma women violated Article 8
Violation of Article 8 (Disclosure of information by public hospital about a pregnant minor who was seeking an abortion after being raped; Medical authorities’ failure to provide timely and unhindered access to lawful abortion to a minor who had become pregnant as a result of rape) - Violation of Article 5 (Placement of pregnant minor in juvenile shelter to prevent her from seeking abortion following rape) - Violation of Article 3 (Harassment of minor by anti-abortion activists as a result of authorities’ actions after she had sought an abortion following rape)
Dissenting / Concurring: Vincent A. De Gaetano
Ban preventing healthy carriers of cystic fibrosis from screening embryos for in vitro fertilisation, despite existence of right to therapeutic abortion in domestic law - Violation of Article 8 (Respect for private life)
Forced disappearance of a woman and kidnapping of her daughter during military dictatorship with the child being raised by a Uruguayan policeman and his wife, knowing nothing of her true identity until her paternal grandfather found her decades later - Violation of the right to preservation of identity, and to an effective remedy due to an amnesty law prevent prosecution of authors of serious human rights violations
Dissenting / Concurring: Vio Grossi
Lack of access to prenatal genetic tests resulting in an inability to have an abortion on the grounds of foetal abnormality - violation of Article 3 (Degrading treatment/Inhuman treatment)
Dissenting / Concurring: Nicolas Bratza,Vincent A. De Gaetano
Article 8 (Respect for family life/Respect for private life) - Prohibition under domestic law on the use of ova and sperm from donors for in vitro fertilisation - No violation
Dissenting / Concurring: Françoise Tulkens, Päivi Hirvelä, Mirjana Lazarova Trajkovska, Nona Tsotsoria
The allegation of a Slovak woman of Roma ethnic origin that she had
been the victim of forced sterilisation - A violation of Article 3 (prohibition of inhuman or degrading treatment) - A violation of Article 8 (right to respect for private and family life)
Dissenting / Concurring: Ljiljana Mijović
The complaint by three women that the restrictions on abortion in Ireland stigmatised and humiliated them, risked damaging their health, and, in the third applicant’s case, even her life - violation of Article 8 (right to private and family life) in respect of the third applicant
Dissenting / Concurring: Christos Rozakis, Françoise Tulkens, Elisabet Fura, Päivi Hirvelä,Giorgio Malinverni, Mihai Poalelungi / Luis López Guerra, Josep Casadevall, Mary Finlay Geoghegan
Possibility of voluntary termination of pregnancy - Requirements to perform therapeutic abortion - Failure to inform of possible foetus’ malformations
Medically Assisted Procreation - Possibility of an implantation of up to a maximum of three embryos - The cryopreservation of the embryos is permitted only if the transfer of the embryos into the uterus is not possible due to serious and documented reasons of force majeure relating to the health of the woman which were not foreseeable at the time of fertilisation
Former patients prevented from photocopying their medical records - Applicants’ inability to effectively present their case due to authorities’ refusal to grant them access to decisive evidence - Violation of Article 8 (Respect for family life/Respect for private life) and 6 (Access to court)
Dissenting / Concurring: Ján Šikuta
Protection of working mothers – Termination of pregnancy before the 180th day from the beginning of gestation - Dismissal of the female employee because of regulatory legislation excluding from maternity protection pregnancy that ended before one hundred and eighty days from the beginning of gestation
Directive 92/85/EEC, Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding – Meaning of ‘pregnant worker’; prohibition of dismissal of pregnant workers during the period from the beginning of their pregnancy to the end of the maternity leave − Woman dismissed where, at the date she was given notice of her dismissal, her ova had been fertilised in vitro, but not yet transferred to her uterus
Judge Rapporteur: A. Ó Caoimh
Protection of pregnant women, Directive 92/85/EEC, Article 10, Prohibition on dismissal from the beginning of pregnancy to the end of maternity leave − Period of protection, decision to dismiss a female worker during that period of protection; notification and implementation of the decision to dismiss after the expiry of that period − Equal treatment for male and female workers
Judge Rapporteur: A. Ó Caoimh
Equal treatment for men and women, protection of pregnant employees – Right to maternity leave – Effect on the right to obtain an alteration of the duration of ‘child-care leave’
Judge Rapporteur: J. Malenovský
Equal pay for men and women – Illness arising prior to maternity leave, pregnancy-related illness, person subject to the general sick-leave scheme – Effect on pay, absence offset against the maximum total number of days of paid sick leave over a specified period)
Judge Rapporteur: C. Gulmann